RTA (Business Consultants) Ltd v Bracewell – WLR Daily

Posted March 17th, 2015 in contracts, enforcement, estate agents, illegality, law reports, regulations by sally

RTA (Business Consultants) Ltd v Bracewell [2015] EWHC 630 (QB); [2015] WLR (D) 117

‘The effect of a breach of the registration requirement in regulation 33 of the Money Laundering Regulations 2007 by someone carrying on business in the undertaking of “estate agency work”, as defined in section 1(1) of the Estate Agents Act 1979, was that any contract made for the purposes of providing “estate agency work” was illegal and unenforceable.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

Regina v Ali (Nazakat) – WLR Daily

Posted February 11th, 2015 in appeals, illegality, immigration, law reports, marriage, news, solicitors by sally

Regina v Ali (Nazakat) [2015] EWCA Crim 43; [2015] WLR (D) 46

‘A solicitor who had been instrumental in finding brides for non-European Union clients and advising the clients to make false applications for certificates of approval, which he submitted to the to the UK Border Agency, had facilitated a breach of immigration law by his clients.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

Victim of trafficking can claim compensation despite illegal entry to UK – UK Human Rights Blog

‘The Supreme Court has ruled that victims may in some circumstance recover damages from their traffickers. Overturning the judgment of the Court of Appeal that the illegality of the underlying contract ruled out the claim for compensation, the majority held that to permit the trafficker to escape liability would be “an affront” to public policy. The judgment has far reaching implications in this area because, by its very nature, human trafficking often involves illegality.’

Full story

UK Human Rights Blog, 27th August 2014

Source: www.ukhumanrightsblog.com

Victims of trafficking empowered to seek compensation – Halsbury’s Law Exchange

‘The employee had been allegedly trafficked from Nigeria to the UK by the employer to work illegally as an au pair (Hounga v Allen and another). The Court of Appeal, Civil Division, set aside an award of compensation granted in the employee’s favour for unlawful discrimination in relation to her dismissal by the employer, having held that the illegality of the contract of employment had formed a material part of the employee’s complaint and that to uphold it would be to condone the illegality. The employee appealed. The Supreme Court, allowing the appeal, held that it would be a breach of the UK’s international obligations under the Council of Europe Convention on Action against Trafficking in Human Beings for its law to cause the employee’s complaint to be defeated by the defence of illegality. The case was remitted to the tribunal in respect of a complaint in relation to pre-dismissal harassment.’

Full story

Halsbury’s Law Exchange, 13th August 2014

Source: www.halsburyslawexhange.co.uk

Hounga (Appellant) v Allen and another (Respondents) – Supreme Court

Hounga (Appellant) v Allen and another (Respondents) [2014] UKSC 47 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Hounga v Allen and another (Anti-Slavery International intervening) – WLR Daily

Hounga v Allen and another (Anti-Slavery International intervening) [2014] UKSC 47; [2014] WLR (D) 353

‘A claim for the statutory tort of discrimination in relation to dismissal by an employee who had entered the United Kingdom illegally was not barred by the defence of illegality in circumstances where the application of the defence would be an affront to the public policy of protecting the victims of human trafficking.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Patel v Mirza – WLR Daily

Patel v Mirza [2014] EWCA Civ 1047 ; [2014] WLR (D) 337

‘The claimant who had paid money to the defendant under an agreement to carry out an illegal scheme was not prevented from recovering the money by considerations of public policy if the scheme had not been implemented even if the claimant pleaded and relied on the illegality to recover the money.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Pre-signing abortion forms is illegal, General Medical Council admits – Daily Telegraph

Posted May 6th, 2014 in abortion, consent, crime, doctors, documents, illegality, news by tracey

‘More than 60 doctors who pre-signed abortion forms without knowing anything about the women concerned did break the law, the head of the General Medical Council admitted last night as pressure grew on police to investigate.’

Full story

Daily Telegraph, 5th May 2014

Source: www.telegraph.co.uk

Legal aid consultation ‘unlawful’, solicitors claim – Law Society’s Gazette

Posted April 10th, 2014 in consultations, criminal justice, illegality, legal aid, news, reports, solicitors by sally

‘Criminal solicitor groups have taken the first step towards a legal challenge to the government’s decision to press ahead with cuts to criminal legal aid.’

Full story

Law Society’s Gazette, 9th April 2014

Source: www.lawgazette.co.uk

Barristers tell Parliament that some GCHQ mass surveillance is illegal – UK Human Rights Blog

‘Two barristers have advised a Parliamentary committee that some mass surveillance allegedly undertaken by the UK’s security services is probably illegal. Jemima Stratford QC and Tim Johnston’s advice (PDF) was commissioned by the chair of the All Party Parliamentary Group on Drones.’

Full story

UK Human Rights Blog, 29th January 2014

Source: www.ukhumanrightsblog.com

Council acted unlawfully in refusing tenancy – UK Human Rights Blog

Posted January 30th, 2014 in housing, illegality, landlord & tenant, local government, news, solicitors by sally

‘The High Court has held that a local authority had abused its powers by refusing to offer a solicitor a new lease of the claimant’s office premises.’

Full story

UK Human Rights Blog, 29th January 2014

Source: www.ukhumanrightsblog.com

Government to review legality of “intimidating” trade union leverage campaigns – OUT-LAW.com

Posted November 8th, 2013 in harassment, illegality, news, trade unions by tracey

“The Government is right to consider a review of the civil and criminal laws surrounding so-called ‘leverage campaigns’, with a view towards making it harder for trade unions to engage in ‘industrial intimidation’ during labour disputes, an expert has announced.”

Full story

OUT-LAW.com, 7th November 2013

Source: www.out-law.com

Home Office fails to investigate vast majority of tip-offs about illegal immigrants – Daily Telegraph

Posted November 8th, 2013 in illegality, immigration, news, reports, select committees by tracey

“The Home Office investigates just six per cent of tip-offs from the public about suspected illegal immigrants, a new report has disclosed.
Nearly 49,000 reports were received over nine months about foreigners alleged to be living or working illegally in Britain, but officials looked into only 2,695 of them.”

Full story

Daily Telegraph, 8th November 2013

Source: www.telegraph.co.uk

Benefit cap faces High Court challenge – BBC News

Posted October 3rd, 2013 in benefits, illegality, judicial review, news, social services by sally

“Three families are challenging the government in court in a bid to prove its benefits cap is unlawful.”

Full story

BBC News, 2nd October 2013

Source: www.bbc.co.uk

Council and watchdog in standoff over lawfulness of libel claim indemnity – Local Government Lawyer

Posted October 1st, 2013 in auditors, defamation, illegality, indemnities, local government, news by sally

“A local authority and a finance watchdog are at loggerheads over whether certain expenditure – including the grant of an indemnity to the chief executive to bring a libel counter-claim – was unlawful.”

Full story

Local Government Lawyer, 30th September 2013

Source: www.localgovernmentlawyer.co.uk

Rogue private eyes report published in full – BBC News

Posted July 30th, 2013 in illegality, news, private investigators, reports by sally

“A controversial report by the Serious and Organised Crime Agency detailing the activities of rogue private investigators has been placed on the internet.”

Full story

BBC News, 29th July 2013

Source: www.bbc.co.uk

Newham Council issued illegal parking fines after camera error – BBC News

Posted June 21st, 2013 in evidence, fines, illegality, local government, news, parking by tracey

“Parking tickets were illegally issued by a dozen cameras over at least two years, a London council has admitted – but it refuses to refund fined drivers.”

Full story

BBC News, 21st June 2013

Source: www.bbc.co.uk

UK Uncut loses legal challenge over Goldman Sachs tax deal with HMRC – The Guardian

Posted May 16th, 2013 in HM Revenue & Customs, illegality, judicial review, news, taxation by sally

“Campaign group UK Uncut Legal Action has lost its high court challenge over the legality of the ‘sweetheart’ tax deal between HM Revenue and Customs and Goldman Sachs.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening) – WLR Daily

Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening): [2013] EWHC 982 (Admin);   [2013] WLR (D)  157

“It was contrary to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and consequently unlawful, for the Secretary of State for the Home Department to direct, as she had done through Code C of the Code of Practice under the Police and Criminal Evidence Act 1984 (‘PACE Code C’), that 17-year-olds might be treated as adults when in police detention.”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

Judges to rule on HMRC’s tax deal with Goldman Sachs – BBC News

Posted May 2nd, 2013 in HM Revenue & Customs, illegality, judicial review, news, taxation by sally

“Judges are being asked to decide if HM Revenue and Customs (HMRC) acted illegally by letting investment bank Goldman Sachs off part of its tax bill.”

Full story

BBC News, 2nd May 2013

Source: www.bbc.co.uk